{"id":353301,"date":"2016-04-04T10:46:47","date_gmt":"2016-04-04T15:46:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/product-liability\/legal-responsibility-for-toxic-exposure.html"},"modified":"2024-01-17T13:45:37","modified_gmt":"2024-01-17T18:45:37","slug":"legal-responsibility-for-toxic-exposure","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/product-liability\/legal-responsibility-for-toxic-exposure.html","title":{"rendered":"Legal Responsibility for Toxic Exposure"},"content":{"rendered":"\n
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Legal Responsibility for Toxic Exposure<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Oni Harton, J.D.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Legal responsibility for toxic exposure often falls under product liability or toxic tort law, where plaintiffs may sue manufacturers, suppliers, or property owners for injuries caused by hazardous substances. Victims must show that the toxic substance caused their injury and that the responsible party knew or should have known about the danger.<\/p>\n\n <\/div>\n\n\n\n

In some personal injury cases, the responsible party is clear. For example, if you slip and fall on a wet floor at the supermarket, the supermarket owner will be liable for your injuries. However, in toxic exposure cases<\/a>, it can be challenging to determine who is at fault for your injuries.<\/p>\n

This article describes product liability cases involving toxic exposure. You’ll learn about legal liability for injuries or illnesses resulting from hazardous chemicals or materials. If you have been harmed by toxic exposure, consider contacting a toxic tort attorney<\/a> near you for personalized legal advice.<\/p>\n

Product Liability Law and Toxic Exposure<\/h2>\n

If you suffer harm due to toxic exposure, you’ll probably need to file a\u00a0product liability lawsuit<\/a>. Product liability claims apply to injuries you suffer from a defective or dangerous product.<\/p>\n

Your product liability attorney<\/a> must demonstrate that the defective product is responsible for your injuries. They can do this by showing a design defect exists for the product or by providing evidence that a manufacturing defect exists. It depends on the facts of your case.<\/p>\n

In most product liability cases, the courts apply strict liability. This means you don’t have to prove any wrongdoing by the defendants. The other standard the court may apply is negligence<\/a>.<\/p>\n

Negligence and Toxic Tort Cases<\/h2>\n

The court may apply negligence to your toxic tort claim. This is true whether it’s an individual or a\u00a0class action lawsuit<\/a>. If a company is responsible for releasing toxic chemicals into the environment, people who live near the defendant’s factory or plant may suffer chemical exposure.<\/p>\n

To prove that the factory owner is negligent<\/a>, your toxic tort lawyer must demonstrate the following:<\/p>\n